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Another 241 downgrade story - from F - with no [EC261] compo

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Another 241 downgrade story - from F - with no [EC261] compo

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Old Aug 24, 2017, 6:58 am
  #61  
 
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It is quite true that the wording states that a second passenger travels without payment of any Avios.

However, it does not then follow that BA can move that second passenger into a lower class at their whim, without consequence.

If that were the case, then BA could do so in any instance, dropping a companion from F into Y, even in cases where there was no overbooking (or, at the absolute extreme, kicking them off the flight altogether for fun).

That is plainly ridiculous, but is essentially what those arguing the "free ticket" point are saying, whether they realise it or not.

A strict interpretation of BA and AMEX's terms and conditions might even permit this behaviour, but I have little doubt that a court and the FCA would not be impressed.
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Old Aug 24, 2017, 7:05 am
  #62  
 
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Originally Posted by nufnuf77
I would value F over J on £1000-£1500 on this route, especially on the day flight, but to each their own. Had they asked for volunteers I am sure someone would have taken the £500 and would have been very happy with it.
The J to F upgrade is around £600 at the airport, so a similar airport downgrade price seems fair to me (for an avios 241 thingy)
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Old Aug 24, 2017, 7:07 am
  #63  
 
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Originally Posted by Bullswood
Quote from BA companion voucher conditions:
"The Companion Voucher allows the main British Airways American Express Card Account holder, when making a flight booking using Avios, to book another seat on the journey for a Companion without having to pay the Avios flight price for that Companion "

"without having to pay " reads to me like a nil Avios cost (free) ticket, not half price for each as SwissBobby seems to suggest. The description "2 for 1" is not used by BA.
So if I was travelling with my wife and she was downgraded, as the "free" ticket, could I suggest that I would be willing to be downgraded instead as the "paying ticket" and receive a pro rata compensation based on full cost? Bet BA wouldn't go for that...
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Old Aug 24, 2017, 7:09 am
  #64  
 
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Originally Posted by Hydebear
Erm no - the voucher is exactly that - BA's T&Cs "The Cardmember and their Companions must travel together at all times therefore must be booked onto the same flight and cabin class when travelling using a Companion Voucher." BA also never use the word "FREE"
So, what you are saying that it is not the fact that two people did travel together to where they need to be, albeit in a different cabin, that matters but the fact that they traveled in the downgraded cabin that does? The voucher has no cabin value. The cabin is determined by the amount of Avios, so it makes sense that the compensation is based on the amount of Avios paid.

Last edited by Andriyko; Aug 24, 2017 at 7:15 am
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Old Aug 24, 2017, 7:16 am
  #65  
 
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Originally Posted by Alun
That's a lot of BA Amex cards maybe a million or so give or take. Which probably equates to a similar number of 2-4-1 vouchers per year. The number of downgrades is going to be pretty substantial on that regardless of FLY programming.
I'm not sure I can agree with the logic of arriving at a million vouchers. Taking a leaf from the Raffles School of Statistics (ie a completely unrepresentative sample size ) in my family my father would never get close to the £20K he needs to spend, and my wife and I ended up using our 241 vouchers for domestic flights at the back of the cabin (so no chance of a downgrade) rather than letting them expire.
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Old Aug 24, 2017, 7:19 am
  #66  
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Originally Posted by LondonAndy
I'm not sure I can agree with the logic of arriving at a million vouchers. Taking a leaf from the Raffles School of Statistics (ie a completely unrepresentative sample size ) in my family my father would never get close to the £20K he needs to spend, and my wife and I ended up using our 241 vouchers for domestic flights at the back of the cabin (so no chance of a downgrade) rather than letting them expire.
Arent you travelling on a 2-4-1 in f in just over a weeks time? How concerned are you? I say we take the £500 each and head off to the nearest pub
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Old Aug 24, 2017, 7:20 am
  #67  
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Originally Posted by Andriyko
So, what you are saying that it is not the fact that two people did travel together to where they need to be, albeit in a different cabin, that matters but the fact that they traveled in the downgraded cabin that does? The voucher has no cabin value. The cabin is determined by the amount of Avios, so it makes sense that the compensation is based on the amount of Avios paid.
... but the voucher has value.
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Old Aug 24, 2017, 7:34 am
  #68  
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I think there's a bit of overthinking here. EC261 requires a value be attributed to downgrades, to work out the reimbursement. MCOL - in terms of any court ruling - has to ascribe a monetary value. BA would need to convince the court that their valuation is accurate, and the passenger would need to do the same. Though the onus is on the passenger to prove their case, nevertheless both EC261 and consumer law generally have a bias in the passenger's favour in many respects. Unless the passenger was unreasonable in their calculation then I very much doubt they would be unsuccessful if they took it this far.
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Old Aug 24, 2017, 7:36 am
  #69  
 
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Originally Posted by KARFA
Arent you travelling on a 2-4-1 in f in just over a weeks time? How concerned are you? I say we take the £500 each and head off to the nearest pub
Let's downgrade to CW, still take the flights, take the £500 and THEN go down to the pub
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Old Aug 24, 2017, 7:36 am
  #70  
 
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Originally Posted by Tobias-UK
... but the voucher has value.
Yes, it does - to allow two people to fly for the price of one ticket. But is not the voucher used when two people fly and the holder receives compensation with Avios? I mean, the second passenger does fly, right? If someone is flying on a super cheap sale fare and gets downgraded do they ask to receive compensation that will allow them to fly in the same cabin again? Reinstating the voucher without asking the holder to pay for the transportation that they still got would put them in an unique position in terms of compensation compared to those who pay cash.
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Old Aug 24, 2017, 8:00 am
  #71  
 
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Originally Posted by Andriyko
If someone is flying on a super cheap sale fare and gets downgraded do they ask to receive compensation that will allow them to fly in the same cabin again?
No, because there is a statutory compensation regime.

If there weren't, then there might be an argument to be put in the position they would have been in, had the contract been fulfilled. The idea is that you only buy things when you value them more than the cash you've laid out - so a refund is inadequate compensation unless it allows you to repurchase what you had.

In practice, that future value is probably unquantifiable, but there is an argument to be made for the principles that would underpin what you're suggesting.
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Old Aug 24, 2017, 8:39 am
  #72  
 
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Originally Posted by SK AAR

It is beyond me why BA continues to accept AMEX 241 redemptions.
Do you have any idea how much of (most) airlines' profit is made through partnerships with banks/credit cards? It's hugely important, and this kind of sweetener, drives people to get the card.
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Old Aug 24, 2017, 8:41 am
  #73  
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Originally Posted by kellytoronto
Do you have any idea how much of (most) airlines' profit is made through partnerships with banks/credit cards? It's hugely important, and this kind of sweetener, drives people to get the card.
Also, the most they apparently are going to cost BA is 500 pounds a trip, and that's if they manage to sell F for proper passengers.
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Old Aug 24, 2017, 8:48 am
  #74  
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IMO they should pick the 2-4-1 passenger for downgrade, commercially speaking, but clearly say so in the T&C for 2-4-1, and state that the ticket is deemed to be 'free' except for TFC.
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Old Aug 24, 2017, 8:52 am
  #75  
 
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Originally Posted by LTN Phobia
IMO they should pick the 2-4-1 passenger for downgrade, commercially speaking, but clearly say so in the T&C for 2-4-1, and state that the ticket is deemed to be 'free' except for TFC.
Can't see Amex allowing that in the T&C's though.

And imagine the Daily Heil getting hold of that...
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